Journal, April 1708

April 1. Present:—Earl of Stamford, Mr. Pulteney, Mr.
Monckton.

Bahamas.

Letter to the Earl of Sunderland about the designs of the Spaniards to settle on Providence.

The draught of a letter to the Earl of Sunderland (as directed
in yesterday's minutes, [fo. 105], inclosing a copy of Mr. Wigington's
memorial touching the design of the Spaniards to settle themselves
on Providence, one of the Bahama Islands, as likewise a copy of a
representation from this Board of the 17th June, 1707, relating
to the security of the said islands, was agreed and signed.

Newfoundland.

Representation upon Mrs. Benger's petition.

A representation upon the petition of Mr. Benger and his wife
[fo. 105], touching their being dispossessed of a plantation in
Newfoundland, as agreed at the last meeting, together with a letter
to the Earl of Sunderland, inclosing the same, were signed.

A circular letter to the Governors of her Majesty's plantations,
requiring them to transmit to this Board an account of the number
of negroes brought directly from Africa by the company and the
seperate traders [fo. III], as also the rates they were sold at, from
the year 1698, to Christmas, 1707, and that for the future they do
send distinct accounts of negroes imported into their several
Governments, was agreed, and ordered to be transcribed.

Trade.

Letter to the Turkey Company for account of exports and imports.

Ordered that a letter be writ to the Governor of the Turkey
Company [fo. 127], desiring an account of the value of the yearly
exports, and imports, of the said Company from Christmas, 1698,
to Christmas, 1707, and to distinguish in the said accounts how
much of the said values have been exported or imported by the
way of Italy.

Antego.

Certificates of Mr. Crab's character.

Colonel Park to be acquainted therewith.

Two certificates, from several merchants trading to the Leeward
Islands, and from divers inhabitants there, relating to the estate
and character of Mr. Lawrence Crab, one of the members of her
Majesty's Councill of Antego, were read; and thereupon ordered
that in the next letter from this Board to Colonel Park, Governor
of the said islands, he be acquainted with the purport of the said
certificates.

Barbadoes.

Letter from the Earl of Sunderland about Mr. Salter's being of the Council.

A letter from the Earl of Sunderland, of the 30th of the last
month [fo. 82, 129], desiring to know if this Board have any
objection to Mr. Timothy Salters being appointed a member of her
Majesty's Councill of Barbadoes, was read.

New Jersey.

Draught of a Commission.

Their lordships took into consideration the draught of a commission for the Right Honourable the Lord Lovelace to be Governour
of her Majesty's province of Nova Cæsaria or New Jersey [fo. 105,
112], and went through the same.

Their lordships took into consideration the draught of instructions
to be given to the Lord Lovelace for the government of New York
[fo. 105, 111], and made some progress therein.

April 14. Present:—Earl of Stamford, Mr. Pulteney, Mr.
Monckton.

Miscellanies.

Incidents.

The accounts of incident charges of this office, from Christmas,
1707, to Lady Day, 1708, were laid before the Board, and are as
follows, vizt.:—

l.

s.

d.

The Secretary's account of petty expences,
amounting to

13

10

5

The Stationer's account, amounting to

37

11

6

Amounting in the whole to

51

1

11

Letter to Lord Treasurer praying payment thereof and of salary due.

And a letter to the Lord High Treasurer to desire the payment
thereof, as likewise of salaries due to this office, was signed.

New York.

Instructions for Lord Lovelace.

Their lordships again took into consideration the draught of
instructions to be given to the Lord Lovelace [fo. 110, 112], for the
government of New York (mentioned in yesterday's minutes), and
made a further progress therein.

Circular letters to the Governors of her Majesty's plantations,
and to the Propriety and Charter Governments, relating to the
number of negroes brought directly from Africa by the Company
and seperate traders to the said plantations &c. (mentioned in the
minutes of the 12th instant) [fo. 108, 358; N. fo. 308], were signed.

New York.

Instructions for Lord Lovelace.

Then their lordships proceeded further in the consideration of
the draught of instructions to be given the Lord Lovelace for the
government of New York (mentioned in yesterday's minutes)
[fo. 111, 159], and went through the same.

New York.

Letter to Mr. Burchet upon that clause relating to colours for privateers.

Ordered that the copy of one of the aforesaid instructions relating
to the colours to be borne by private ships of war in the plantations
be sent to Mr. Burchet [fo. 114], to know whether, upon the union
of the two kingdoms of England and Scotland, it be necessary to
make any alterations in the said instruction.

Their lordships took into consideration the draught of instructions
to be given to the Lord Lovelace to be Captain General and Governor
in Chief of her Majesty's province of Nova Cæsaria or New Jersey
[fo. 109, 113], and made some progress therein.

Their lordships again took into consideration the draught of
instructions [fo. 112, 115] for the Lord Lovelace to be Governor of
New Jersey (mentioned in the minutes of the 16th instant) and
made a further progress therein.

Plantations General.

Letter to Mr. Lownds for copies of Acts of Parliament, and about Mr. Blathwayt's patent &c. as Auditor General.

Ordered that a letter be writ to Mr. Lowndes to move the Lord
High Treasurer that their lordships may have 50 copies of an Act
past this session of Parliament, intituled An Act for the incouragement
of the trade to America, as also 50 copies of an Act likewise past
this session intituled An Act for the ascertaining the rates of foreign
coins in her Majesty's plantations in America. And to remind him
of the letter from the secretary of the 25th of the last month [fo. 100,
136], desiring copies of Mr. Blathwayt's patents and instructions
constituting him Auditor General of her Majesty's plantations in
America.

New York.

New Jersey.

Representation with draughts of commissions for the Lord Lovelace to be Governor, and letter to the Earl of Sunderland.

A representation, for laying before her Majesty [fo. 257], the
draughts of commissions for the Lord Lovelace to be Governor of
her Majesty's provinces of New York and New Jersey, together
with a letter to the Earl of Sunderland, inclosing the same, were
read.

A letter from Mr. Burchet, in answer to one writ him the
15th instant [fo. 112], inclosing the copy of an instruction to be
given the Lord Lovelace for the governments of New York and
New Jersey, relating to the colours to be born by private ships
of war in the plantations, signifying that his Royal Highness the
Lord High Admiral had no objection thereunto, was read.

Virginia.

Order of Council confirming an Act about size of hogsheads.

Copy of an Order of Council, of the 1st instant, upon a representation of the 23rd of March last [fo. 97], for confirming an Act
past in Virginia, for improving the staple, and for regulating the size
of tobacco hoggsheads, was read.

Maryland.

Copy of an Order of Council repealing two Acts about tobacco hogsheads and defacing tobacco &c.

Copy of a second Order of Council, of the same date, upon the
same representation for repealing two Acts past in Maryland [fo. 97],
touching the gauge of tobacco hoggsheads, and the cutting and defacing
tobacco &c., was read.

Maryland.

Copy of an Order of Council directing Colonel Seymour to get a new Act past conformable to the Act of Virginia.

Copy of a third Order of Council, of the same date of the foregoing,
upon the said representation [ibid.], directing Colonel Seymour,
Governor of Maryland, to move the Assembly of that province
to pass another Act conformable to the above-mentioned Act past
in Virginia, instead of the two foregoing Acts of Maryland repealed,
was read; and a letter to Colonel Seymour, inclosing the said
order, was signed; and sent to Mr. Micajah Perry, to be forwarded
by the ships now going to those parts.

New Jersey.

Instructions.

Then their lordships proceeded in the consideration of the
instructions for the Lord Lovelace [fo. 113, 159] for the government
of New Jersey (mentioned in yesterday's minutes), and went through
the same.

Lord Lovelace's instructions for trade, sent to Mr. Lowndes for the Commissioners of the Customs' perusal and amendments.

Their lordships took into consideration the instructions to be
given to the Lord Lovelace for the government of New York and
New Jersey, relating to the Acts of Trade and Navigation, and
went through the same; and ordered that a copy of the said
instructions be sent to Mr. Lowndes [fo. 163], with the desire of this
Board that the Commissioners of the Customs may have the perusal
of them, in order to their fitting and adapting the several articles
of the said instructions to the Act for uniting the two kingdoms of
England and Scotland, as likewise to the Act for the incouragement
of the trade to America, and in order to their making such further
amendments as may render the several parts of the instructions
conformable in all particulars to the several Acts of Trade.

Jamaica.

Mr. Solicitor General's report on Mr. Whitchurch's petition.

Representation thereupon.

Mr. Solicitor General's report upon the petition of Mr. James
Whitchurch (sent him in the secretary's letter of the 12th of March
last) [fo. 83], complaining of Colonel Handasyd, the Governor of
Jamaica's having escheated a negro woman and her children
belonging to him, was read; and thereupon ordered [fo. 122], that
the draught of a representation be prepared for laying the same
before her Majesty.

Upon consideration of the desire of Colonel Handasyd, the
Governor of Jamaica [fo. 103], relating to counsellors for that
island, mentioned in his letter of the 29th of August last, ordered
that the merchants trading thither do attend this Board on Tuesday
morning next.

Plantations General.

Letter from Mr. Secretary Boyle upon the petition of several Lutherans from Germany to be settled in the Plantations.

A letter from Mr. Secretary Boyle of the 20th instant [fo. 118, 120],
referring to this Board the petition of Joshua de Kocherthal,
Evangelical minister, in behalf of himself and several poor Lutherans
come out of Germany, praying to be transported and settled in
some of the plantations, and the said minister attending, and being
asked several questions, he said that they were 10 men, 10 women
and 21 children, making together 41, of which men one is a joyner,
another a smith, the others all versed in gardining, husbandry,
planting, and tillage, and the women were versed in and understood
the same business. Whereupon he was desired [fo. 121] that he
would bring to the Board on Monday morning next the Lutheran
minister settled in London.

Virginia.

New York.

Merchants summon'd.

Ordered that the merchants trading to Virginia and New York
have also notice to attend their lordships on Monday morning
next.

Plantations General.

Answer to Mr. Boyle's foregoing letter.

Then an answer was writ to the foregoing letter [fo. 117, 121],
acquainting Mr. Secretary Boyle that the consideration of this
affair would take up some time, for that several persons were to be
consulted thereon before they could lay the same before her Majesty;
but that in the meanwhile they found the said poor people were
reduced to such a necessity that they could not subsist without
her Majesty's immediate relief, was signed.

The Lord Baltimore, Mr. Penn and Colonel Blakiston attending
[fo. 47, 128], the address from the Governor, Council and Assembly
of Maryland, to her Majesty, relating to the settlement of the
boundaries between that province and Pennsylvania, referred to
this Board by her Majesty's Order in Council of the 8th of January,
1707/8 (mentioned in the minutes of the 5th of February), was again
read; as were likewise the three papers following, viz.:—Papers relating thereto.
1st. Copy of a letter from the late King Charles the 2nd to
the Lord Baltimore, dated the 2nd of April, 1681 (inserted
in Maryland entries, volume the 1st, folio 83), directing
his lordship to appoint persons, in conjunction with
Mr. Penn's agents, to make a true division and separation
of the said provinces.
2nd. Copy of an Order of Council of the 13th of November,
1685, upon a report of the then Lords Committees of Trade
and Plantations to the late King James, touching the
difference between the Lord Baltimore and Mr. Penn in
relation to the Eastern boundaries of Maryland, inserted
in the same book of entries, folio 107.
3rd. Copy of a letter from Mr. Penn to the Lord Baltimore upon
the same subject, which his lordship communicated to the
Board, dated at Westminster the 10th of April, 1681. Whereupon the Lord Baltimore insisted that the boundaries ought
to be adjusted, as directed by King Charles's letter abovementioned, and Mr. Penn that it shou'd be according to the
Order of Council aforesaid. However, not agreeing in this
matter, Mr. Penn proposed to meet the Lord Baltimore,
in order to the adjusting this difference between themselves,
to which his lordship agreed, and appointed to meet Mr. Penn
on Wednesday next in the afternoon accordingly for that
purpose.

Plantations General.

New York.

Mr. Lodwick about German Lutherans to be settled at New York.

Mr. Lodwick attending, and being acquainted with the petition
of the Lutherans [fo. 117], lately arrived from Germany, and asked
what encouragement they might find in New York, he said that
there was no land at present in the province but what has already
been granted, except land which lies 40 or 50 miles from Hudson's
River, and that, the said province being very poor and in debt,
he feared the said Lutherans would obtain but little assistance from
thence.

New York.

Lord Lovelace with list of persons to be of the Council.

The Lord Lovelace attending, presented to the Board a list of
person's names to be members of her Majesty's Council in New
York, which was read; and thereupon ordered that the said names
be inserted in his lordship's instructions for that Government.

Plantations General.

Lutheran Ministers about German Protestants to be settled in the Plantations.

List of them.

Representation thereupon.

Mr. Joshua de Kockerthal, with three Lutheran ministers (settled
here) attending [fo. 118], in relation to the reference from
Mr. Secretary Boyle touching the settlement of the said Kocherthal
and others, in some of her Majesty's plantations in America
(mentioned in the minutes of the 22nd instant), they said that
they had read the testimonials giving a good character of the said
minister and the others, and that they had no reason to doubt
but the account of the behaviour of those people in the places
where they had lived was true; that fifteen of them were Lutherans,
and 26 Calvinists. Then the said Kocherthal presented to their
lordships a paper with the names and ages of the said persons,
which was read; and directions given for preparing the draught
of a representation thereupon [fo. 125], for laying the same before
her Majesty.

Jamaica.

Draught of representation on Mr. Whitchurch's petition.

The draught of a representation upon the petition of Mr. James
Whitchurch to her Majesty [fo. 117, 124], complaining of
Colonel Handasyd, the Governor of Jamaica, having escheated a
negro woman and her children belonging to him, as directed in the
minutes of the 21st instant, was agreed and ordered to be
transcribed.

Colonel Richard Lloyd and Mr. James Whitchurch attending,
they presented to their lordships two Orders of Council, vizt.:Order upon a petition of the said Lloyd complaining of Col. Handasyd's escheating his slaves.
An Order of Councill of the 15th instant, referring to this
Board the petition of the said Lloyd [fo. 176], setting forth
his being seized in fee of a plantation in Jamaica, and of
several slaves thereunto belonging, and that an escheat
had been issued against 18 of the said slaves, in order to the
Governor's making a grant thereof to the prosecutors, was
read, as also,Order upon the petition of divers merchants &c. complaining of their being unjustly dispossessed of lands and Negroes.Affidavits to be procured in proof thereof.
An Order of Councill of the same date, referring to this Board
the petition of divers merchants and traders to, and
inhabitants of, Jamaica [fo. 176, 180], in behalf of themselves
and others, complaining of their being unjustly dispossess'd
of their lands and negroes upon the information of several
ill-designing men in the said island, and praying to be restored
to their said lands and negroes, was read: whereupon the
said Lloyd acquainted their lordships that he would lay
before them several affidavits in proof of the allegations
set forth in the said petitions, so soon as some gentlemen
who were sick should be recovered, and therefore desired a
fortnight's time longer to procure the said affidavits, which
their lordships agreed to.

Carolina.

Letter from the Lords Proprietors about an Act for the settlement of that country.

A letter from the Lords Proprietors of Carolina of the 24th instant,
acknowledging the receipt of her Majesty's Order in Councill of the
20th of February, 1707/8 [fo. 71], repealing an Act past in that
province, entituled An Act to incourage the settlement of this country,
and acquainting this Board they had taken effectual care that her
Majesty's commands in relation to the said Act should be forthwith
complied with, was read.

Bermuda.

Letter from Mr. Jones about rents of lands belonging to his offices.

A letter from Mr. Jones, secretary and provost marshall of
Bermuda, praying their lordships' letter to Colonel Bennet, Governor
of the said island [fo. 130], that the rents of lands belonging to his
places there, since his coming last from thence, may be paid to his
attorney, &c., was read; and directions given for preparing the
draught of such a letter accordingly.

Jamaica.

Representation on Mr. Whitchurch's petition.

Letter to the Earl of Sunderland therewith.

The representation upon the complaints of Mr. James Whitchurch
[fo. 122, 180], touching the escheat of his negroes by Brigadier
Handasyd, Governor of Jamaica, agreed at the last meeting, together
with a letter, inclosing the same, to the Earl of Sunderland, were
signed.

Plantations General.

Draught of representation about settlement &c. of German Protestants.

The draught of a representation upon the petition of
Mr. Kocherthal [fo. 122, 126], in behalf of himself and other
Lutherans, lately arrived from Germany, praying that they may
be settled in some of her Majesty's plantations in America, as
directed in yesterday's minutes, was agreed, and ordered to be
transcribed.

Jamaica.

Representation proposing a new counsellor.

Ordered that a representation be prepared proposing that John
Peeke be constituted a counsellor in Jamaica, in the room of Charles
Sadler, deceased [vide Jam. Bun. D, No. 25; fo. 128].

Order of Council upon her petition complaining of Col. Park's dispossessing her of an estate &c.

Letter to Col. Park thereupon.

Mrs. Bowden, widow, of the Island of St. Christopher's, attending,
with Brigadier Lillingston, her brother, she presented to their lordships an Order of Councill of the 22nd instant [fo. 129], referring
to this Board the petition of the said Bowden, complaining of her
being dispossessed by Colonel Park, of a considerable estate in
St. Christopher's, praying relief therein, was read. And being asked
what proof she had to make good the allegations set forth in her
petition, she said that she had not any here, but that the same
could be sufficiently proved upon the place, whether she should be
going in a short time: and therefore desired that the matters
contained in the said petition might be examined by the members
of her Majesty's Council of the said island, and that their lordships
would be pleased to send Colonel Park directions to permit her
to take depositions to prove the facts alledged against him, which
their lordships promised to do, and gave directions for preparing
the draught of such a letter accordingly.

Plantations General.

New York.

Representation on the petition of several German Protestants to be settled in America.

Letter to Mr. Secretary Boyle.

The representation upon the petition of Mr. Kocherthal [fo. 125,
152], in behalf of himself and other poor Lutherans lately come
from Germany &c., as agreed at the last meeting, together with a
letter inclosing the same to Mr. Secretary Boyle, were signed.

Jamaica.

Letter from the Duke of Bolton recommending Mr. Betts to be of the Councill.

A letter from the Duke of Bolton, recommending Mr. Betts
to be one of the members of her Majesty's Councill of Jamaica,
was read; and the said Betts attending, he was acquainted that
their lordships had agreed upon a person to fill up the present
vacancy in that Councill before the receipt of the said letter, as
in the minutes of yesterday. Whereupon Mr. Betts desiring that
he might be named for the next vacancy that may happen, ordered
that his desire be minuted accordingly.

Mr. Wodnoth desired to procure a full answer to the letter lately writ the Company &c.

Mr. Wodnoth, secretary to the Turkey Company, attending
[fo. 108, 134], presented to the Board a memorial containing an
account of the said Company's exports of cloths, perpetuanas, lead
&c., in the years 1699 and 1700, which was read, and their lordships
observing that the said account does not answer the letter writ
to the Company the 12th instant (mentioned in the minutes of that
day), they desired the said Wodnoth to acquaint the Company
therewith, and that this Board is desirous of having as full an
answer to the aforementioned letter as the Company were able
to give, as also an account of the inconveniencies the Company
might lye under in that trade, together with their proposals for the
better improvement thereof, that their lordships might be inabled
to give them all the assistance possible.

Jamaica.

Representation proposing a new counsellor.

Letter to the Earl of Sunderland therewith.

The representation proposing Mr. Peeke to be a member of her
Majesty's Councill in Jamaica in the room of Mr. Sadler, deceased,
[fo. 125, 295], as directed in the minutes of the 28th instant, together
with a letter to the Earl of Sunderland, inclosing the same, were
signed.

Maryland.

Pennsylvania.

Boundaries.

The Lord Baltimore and Mr. Penn attending, and not agreeing
in relation to the boundaries to be settled between the provinces
of Maryland and Pennsylvania, mentioned in the minutes of the
26th instant [fo. 119], they appointed another meeting in order
to the settlement of that matter, and were desired to sign what
should be agreed on between them, which they promised to do
accordingly.

Antigua.

Representation to be prepared for confirming two new counsellors.

Upon consideration of what Colonel Park, Governor of the
Leeward Islands, writes in his letter of the 4th of August (paragraph
G), relating to Mr. William Thomas and Mr. Richard Olivers being
appointed members of her Majesty's Councill in Antego; ordered
[fo. 130] that the draught of a representation be prepared proposing
their being appointed members of the said Councill accordingly.

Barbadoes.

Draught of a letter to the Earl of Sunderland about Mr. Salters's being of the Council.

Ordered that the draught of a letter be prepared to the Earl of
Sunderland, in answer to his of the 30th of March last [fo. 109, 130],
relating to Mr. Timothy Salters being one of the members of her
Majesty's Councill in Barbadoes.

Letter to Colonel Park, Governor of the Leeward Islands,
inclosing a copy of the petition of Mrs. Bowden [fo. 125, 340],
complaining of her having been unjustly disposse[sse]d by him of an
estate at St. Christopher's (mentioned in the minutes of the
28th instant), was signed.

Barbadoes.

Letter to the Earl of Sunderland about Mr. Salters's being of the Council.

A letter to the Earl of Sunderland in answer to one from his
lordship of the 30th of the last month [fo. 129, 354], touching
Mr. Timothy Salter's being a member of her Majesty's Councill in
Barbadoes, was signed.

Antigua.

Representation proposing two new counsellors.

Letter to the Earl of Sunderland therewith.

A representation proposing William Thomas and Richard Oliver,
esquires, to be members of her Majesty's Councill of Antigua, as
directed in yesterday's minutes [fo. 129], together with a letter to
the Earl of Sunderland, inclosing the same, were signed.

Bermuda.

Letter to Col. Bennet about payment of Mr. Jones's fees, perquisites &c. of his office.

A letter to Colonel Bennet, Governor of Bermuda, relating to
Mr. Jones's receiving one moiety of the fees and perquisites
belonging to him as secretary and provost marshall of that island
[fo. 124], as also directing the said Governor to advise Mr. Jones's
tenants to pay to his attorney the rents of his lands, was signed.

Maryland.

Lord Baltimore's memorial against two Acts.

Upon consideration of the Lord Baltimore's memorial [fo. 61],
mentioned in the minutes of the 20th of February last, containing
his objections against two Acts past in Maryland in 1707, entituled
An Act giving power to the farmers of the Lord Baltimore's rents to
recover the arrears thereof after expiration of their lease. An Act
requiring the agent of the Lord Baltimore to certify into the Secretary's
office the instructions and conditions of plantations, with the fees by
them demanded, and obliging his lordship's deputy surveyors to qualify
themselves according to law.

Sent with the Acts for Mr. Solicitor General's opinion.

Ordered that a copy of the said memorial, as likewise copies of
the Acts, be sent to Mr. Solicitor General, for his opinion thereupon
in point of law.